i believe two of the three panel members struck down the defense of marriage act and i think the first would be a very solid foundation for a supreme court ruling. it will issue some kind of result next june. the final question is the pairing question, the proposition a question. does the u.s. constitution requires states to recognize same-sex marriages? mclean suggested and i argued in 1996 that the constitution as a matter of principle does prohibit such discrimination. the question is not as the constitution prohibit it? i think that is the right answer and i believe that is the answer people will have to reach as a society at some point. the real question is, do we want the u.s. supreme court to reach that result in 2013 by taking review and ruling as broadly as judge walker ruled, or do we want the supreme court to rule more narrowly? or perhaps the best result is for the supreme court to deny the review and send it back to have the ninth circuit reaffirm its and have same-sex marriage licenses start issuing in california again. this is an issue whose outcome is inevitable, but it